Company Name: Address: City:,MD Zip Code: Telephone Number: Address: ALL BIDS ARE DUE NO LATER THAN 2:00 P.M.

Transcription

1 RETURN BID TO: THE UNIVERSITY OF MARYLAND BALTIMORE COUNTY DEPARTMENT OF PROCUREMENT 1000 HILLTOP CIRCLE, ROOMM 301, ADMINISTRATION BUILDING BALTIMORE, MD REQUEST TO BID No. BC P Delores R. Pertee: AUTOCLAVE PURCHASE FOR THE COLUMBUS CENTER THIS IS NOT AN ORDER If address shown here is not address to which an order should be directed indicate such address. Company Name: Address: City:,MD Zip Code: Telephone Number: Address: ALL BIDS ARE DUE NO LATER THAN 2:00 P.M. DATE The UMBC Campus is closed for Spring Break THIS BID MUST BE RECEIVED NO LATER THAN 2:00 P.M. ON: 03/13/13 Mon., March 18, 2013 through Wed., March 20, 2013 TUESDAY, APRIL 9, 2013 Item PLEASE ENTER HEREON YOUR BID ON THE FOLLOWING DESCRIBED ARTICLES OR SERVICES QUANTITY UNIT PRICE TOTAL No. The University of Maryland Baltimore County (UMBC) is seeking a contract to purchase a new steam Autoclave for The Columbus Center, located in downtown Baltimore per the attached specifications. A Pre-Bid Meeting will be held on Monday, March 25, 2013 at 10:00 a.m. at The Columbus Center. In event of this bid being accepted, a purchase order will be issues. This solicitation is subject to all terms and conditions contained herein (see attached pages 2 & 3) Vendor Bid No. (If any) The deadline date for questions is Monday, April 1, 2013 by 4:00 p.m. Questions are to be submitted in writing and directed to Delores Pertee via fax at or at dpertee@umbc.edu. Complete this Bid Cover Page and fax it to the attention of Delores Pertee at by 2:00 p.m. on Tuesday, April 9, (Late Bids cannot be accepted.) UMBC s attached Purchase Order Terms & Conditions and Mandatory Bid Terms & Conditions apply to this Bid. Water Conservation Kit $ (If applicable do not add cost to the Lump Sum Cost below show as a separate cost) TOTAL LUMP SUM COST $ (Includes purchase, delivery, installation and training on new unit, and removal and disposal of old unit) TOTAL $ THIS SPACE TO BE FILLED IN BY BIDDER Shipment will be made in days from receipt of order F.O.B. Material is F.O.B. Receiving Platform, University of Maryland, 1000 Hilltop Circle, Baltimore, MD 21250, unless otherwise stated. (SIGNED) (DATE) (PRINT OR TYPE NAME) (TITLE) TERMS: NET 30 UNLESS OTHERWISE STATED. All bids submitted must be reviewed and signed by an authorized officer or agent of the firm submitting the bid and are to be returned on these forms. (VENDOR S FEDERAL IDENTIFICATION NO.) (PHONE NO.) DO NOT WRITE IN THIS SPACE

2 Page 1 UMBC is seeking a new steam autoclave for the Columbus Center, located in downtown Baltimore, Maryland to sterilize lab waste, media, utensils, and for other general lab use as required. I. CONTRACTOR REQUIREMENTS A. Equipment and Parts must be new. No used or refurbished equipment will be considered. B. It is the sole responsibility of the bidder to ensure that doorways, loading dock access, and pathways to the installation site are suitable and accessible for the installation. C. The successful contractor is required to visit the site to familiarize themselves with 1) access to the building, 2) location of the utilities with respect to the installation site and 3) the area in which the unit is to be installed. This opportunity is being provided at the Pre-Bid Meeting being held on Monday, March 25, 2013 (see details below). D. Insurance Requirements: The Successful Contractor shall secure, pay the premiums for, and keep in force for the life of this Contract, and any renewal thereof, adequate insurance as provided below, to specifically include liability assumed by the Contractor under this Contract. i. Commercial General Liability Insurance including all extensions: $1,000,000 each occurrence; $1,000,000 personal injury; $1,000,000 products/completed operations; $2,000,000 general aggregated ii. Workmen s Compensation Insurance and Unemployment Insurance as required by the laws of the State of Maryland. iii. Contractor s bodily injury liability insurance, with limits of not less than $500,000 for each person and $1,000,000 for each accident. iv. Property damage liability insurance with a limit of not less than $1,000,000 for each accident. v. Automobile bodily injury liability insurance with limits of not less than $1,000,000 for each person and $1,000,000 for each accident and property damage liability insurance, with a limit of not less than $1,000,000 for each accident. II. AUTOCLAVE SPECIFICATIONS A. Medium pressure (~50 pounds) house steam, 120v electric service, cold domestic water and floor drain are already roughed in. The firm that is awarded the contract must insure that their proposed equipment is compatible with the existing utilities. B. The final utility connections to the new sterilizers are to be provided by the successful contractor. The UMBC Facilities Management will be responsible for proper utility disconnects. C. The pressure vessels must meet ASME code section VIII, Division 1, standards. D. The jacket shall be constructed from steel or 316L stainless steel and shall completely envelope the entire width and length of the chamber. The jacket s design, construction and material shall conform to the ASME code Section VIII Division 1 and be stamped to withstand working pressure of 60 PSI.

3 E. The vessel jacket shall be insulated. Page 2 F. The vessel jacket shall provide a pressure relief valve (PRV). The PRV shall be piped in a safe manner that eliminates inadvertent exposure of personnel to a steam release. The PRV shall be set at a value that protects the jacket from over pressure or exceeding the pressure rating of the jacket. The PRV is a critical component and must be manufactured from a reliable source and covered by warranty by the contractor. G. The chambers shall be fabricated of type 316L stainless steel. The chambers shall be polished. All welds must be ground smooth. H. All wetted piping on the product side shall be constructed from brass, bronze and copper brass solenoids and fittings I. A chamber drain strainer shall be required. J. Must be UL approved. K. Must meet AAMI/ANSI8. L. The Autoclave shall be steam jacketed and use house (building) steam only. No separate steam generator shall be required for operation of the autoclave. M. The Autoclave shall be of prevacuum design. The following cycles shall be preconfigured and installed: i. Gravity: A gravity cycle shall displace the air in the chamber with pressurized steam. This cycle shall be used mainly for unwrapped goods. The operator may select a sterilization temperature anywhere between 212 F (100 C) and 270 F (133 C) as well as the sterilization time and dry time. ii. Liquids: A liquids cycle allows vented liquid goods to be sterilized while preventing boil-over. The rate of exhaust shall be adjustable through the controller. The autoclave shall also be equipped with an automatic jacket blow-down. The controller shall have the ability to automatically release jacket steam pressure. The exhaust rate shall be adjustable through the controller. iii. Post-Vacuum: Upon exhaust of dry goods, a gravity cycle shall have the ability to draw a vacuum to substantially decrease dry time. iv. Vacuum Leak Test v. Bowie-Dick test N. The Autoclave shall not require compressed air or steam to operate valves or door gasket. Gasket shall be of standard crush design and mounted on the door, and valves shall be electrically operated. O. The Autoclave shall be of a free-standing, single door design. Door shall be hinged on the left side and open outward and to the left. P. Autoclave shall be outfitted with removable side panels constructed of 304L or 316L stainless steel.

4 Page 3 Q. The autoclave chamber shall be constructed of 316L stainless steel. R. Chamber measurements shall be 24 wide x 36 high x 48 deep. S. The sterilizer shall be fitted with adjustable leveling legs. The base of the leveling legs shall provide a flat surface that adjusts to floor pitch. Legs must be capable of fastening to the floor. The adjustable legs must be secured to maintain level. T. Pressure Vessel shall be warranted against failure for a minimum of fifteen (15) years. All other parts, excluding consumables shall carry a minimum two year warranty, including labor. Warranty shall commence on the installation date. U. The Autoclave shall be outfitted with a removable/replaceable steam strainer to filter out debris from the house steam line. V. The Autoclave shall have visible pressure gauges mounted on the front of the autoclave indicating both chamber and jacket pressures. W. The Autoclave shall include a cooler mechanism to reduce discharge water temperature to 140 degrees Fahrenheit or less. X. The Autoclave shall be fully programmable and capable of using access codes to prevent unauthorized cycle changes. The control system shall utilize an included internal backup battery to prevent loss of cycle data for a minimum of one week. Y. The Autoclave shall have a thermal or impact style printer which records temperature, pressure, alarms and other general operating cycle information. Z. All steam service lines shall be insulated with fiberglass insulation of one-inch thick, at minimum. III. PRICING A. The Bidder must provide pricing on the most current sterilizer product line available, and the equipment must be manufactured within a 6-month period of the contract award date. B. The price shall include the cost of the autoclave, shipping it to zip code 21202, rigging/moving to laboratory room 4095, all installation, startup, and user training. Price shall also include removal and offsite disposal of the old autoclave currently at the installation site (Amsco 3021-S). The removal will basically consist of tearing the old unit apart and disposing of it, and may take the contractor a day to complete. C. The Bidder shall include a separate price and specifications for a water conservation kit, if one is not included with the unit. D. The Autoclave chamber shall include shelf brackets/guides and two shelves shall be included in the purchase price.

5 Page 4 IV. ADDITIONAL INFORMATION: A. Campus Holiday: The University is closed for Spring Break from Monday, March 18, 2013 through Wednesday, March 20, B. Payment and Invoicing: i. A UMBC Contract and Purchase Order will be issued to the successful contractor. ii. The Purchase Order Number should be noted on each invoice and invoices must be submitted directly to the Accounts Payable Office. iii. Invoices are paid within 30 days of receipt of invoice, following the completion of the installation and training. iv. Invoices will be paid only for services provided per the contract and prices, unless prior approval for a change order was approved in writing by The Columbus Center. C. Contract Term: This contract is for a single purchase and installation of a new steam Autoclave at The Columbus Center. The successful contractor shall begin work immediately on this project upon contract award, which is anticipated to be in mid-april, D. Facility Access i. The contractor should plan on coming to The Columbus Center location between the hours of Monday through Friday, 8:00 a.m. 4:00 p.m. to install the autoclave. ii. Access to the building during the evenings, weekends and university holidays is granted only by special arrangements with the Facilities Management of The Columbus Center. E. Pre-Bid Meeting A Pre-Bid meeting will be held on Monday, March 25, 2013 at 10:00 a.m. at the Columbus Center, 701 E. Pratt Street, Baltimore, MD in the Main Lobby. A site tour of the area covered under this contract will be conducted following the meeting. This will provide the bidders an opportunity to see the installation site, the loading dock area, doorway sizes and take measurements to determine the best way to bring in the new unit, as well as remove the old unit. Information presented at the Pre-Bid Meeting may be very informative; therefore, all interested vendors are encouraged to attend in order to be able to better prepare acceptable proposals. If your firm plans to send representatives, please call the issuing office by Friday, March 22, F. Deadline for Questions The deadline date for questions is Monday, April 1, 2013 by 4:00 p.m. Questions must be submitted in writing to the attention of Delores Pertee via fax at or at Dpertee@umbc.edu.

6 Page 5 G. Bid Due Date Bids are due via fax to the attention of Delores Pertee at by 2:00 p.m. on Tuesday, April 9, Late bids cannot be accepted. H. Award The contract will be awarded to the responsive firm with the lowest Total Lump Sum Cost.

7 UNIVERSITY OF MARYLAND, BALTIMORE COUNTY PURCHASE ORDER TERMS & CONDITIONS 1. A separate invoice in TRIPLICATE for this purchase for each shipment thereon shall be rendered immediately following shipment. All copies of invoices must be forwarded directly to the University of Maryland, Baltimore County, Accounts Payable Department, Administration Building, 1000 Hilltop Circle, Baltimore, MD The vendor s/contractor s Federal Identification Number or Social Security Number must be included on each invoice. Questions concerning invoices should be referred to (410) This purchase order number must be shown on all related invoices, delivery memoranda, bills of lading, packages, and/or correspondence. FAILURE TO COMPLY WITH THESE TERMS WILL RESULT IN THE INVOICE BEING RETURNED TO YOU OR SHIPMENTS BEING REJECTED. 4. Tax Exemption The State is generally exempt from Federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes, and transportation taxes. Exemption of certificates shall be completed upon request. Where a contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply. NOTE: THE UNIVERSITY OF MARYLAND IS EXEMPT FROM THE FOLLOWING TAXES: 1) State of Maryland Tax by Certificate No ; 2) District of Columbia Sales Tax by Exemption No ; and 3) Manufacturer s Federal Excise Tax Registration No K. 5. Incorporation by Reference. All terms and conditions of the solicitation, and any amendments thereto, are made a part of this contract. 6. Specifications. All materials, equipment, supplies or services shall conform to federal and State laws and regulations and to the specifications contained in the solicitation. 7. Delivery and Acceptance. Delivery shall be made in accordance with the solicitation specifications. The University, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor s control. The University unilaterally may order in writing the suspension, delay, or interruption of performance hereunder. The University reserves the right to test any materials, equipment, supplies or services delivered to determine if the specifications have been met. The materials listed in the bid or proposal shall be delivered FOB the point or points specified prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. Rejected material shall be promptly replaced. The University reserves the right to purchase replacement materials in the open market. Contractor failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any. 8. Non-Hiring of Employees. No employee of the State, or any department, commission, agency or branch thereof whose duties such employee include matters relating to or affecting the subject matter of this contract shall, while so employed, become or be an employee of the party or parties hereby contracting with the State or any unit thereof. 9. Non-Discrimination in Employment. The Contractor agrees not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, sexual orientation, marital status, national origin, ancestry, or physical or mental handicap unrelated in nature and extent so as reasonably to preclude the performance of such employment and to post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause. 10. Financial Disclosure. The Contractor shall comply with State Finance and Procurement Article, , Annotated Code of Maryland, which requires that every business that enters into contracts, leases or other agreements with the State and receives in the aggregate $100,000 or more during calendar year shall, within 30 days of the time when the $100,000 is reached, file with the Secretary of State certain specified information to include disclosure of beneficial ownership of the business. 11. Political Contribution Disclosure. The Contractor shall comply with the provisions of Election Law through , Annotated Code of Maryland, which require that every person that enters into contracts, leases, or other agreements with the State of Maryland, or a political subdivision of the State, including its agencies, during a calendar year under which the person receives in the aggregate $100,000 or more, shall file with the State Administration Board of Election Laws, a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election. 12. Anti-Bribery. The Contractor warrants that neither it nor any of its officers, directors, or partners nor any of its employees who are directly involved in obtaining or performing contracts with any public body has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the federal government or has engaged in conduct since July 1, 1977, which would constitute bribery, attempted bribery, or conspiracy to bribe under the laws of any state or the federal government. 13. Registration. Pursuant to et seq. of the Corporations and Associations Article of the Annotated Code of Maryland, corporations not incorporated in the State shall be registered with the State Department of Assessments and Taxation, 301 West Preston Street, Baltimore, Maryland 21201, before doing any interstate or foreign business in this State. Before doing any intrastate business in the State, a foreign corporation shall qualify with the Department of Assessments and Taxation. 14. Contingent Fees. The Contractor warrants that it has not employed or retained any person, partnership, corporation or other entity other than a bona fide employee or agent working for the Contractor, to solicit or secure this agreement, and that it has not paid or agreed to pay any person, partnership, corporation or other entity other than a bona fide employee or agent, any fee or any other consideration contingent on the making of this agreement. 15. EPA Compliance. Materials, supplies, equipment, or services shall comply in all respects with the Federal Noise Control Act of 1972 where applicable. 16. Occupational Safety and Health Act (O.S.H.A.). All materials, supplies, equipment or services supplied as a result of this contract shall comply with the applicable U.S. and Maryland Occupational Safety and Health Act standards. 17. Termination for Convenience. Upon written notice to the Contractor, the University may terminate this contract, in whole or in part, whenever the University shall determine that such termination is in the best interest of the University. The University shall pay all reasonable costs associated with the termination of the contract. However, the contractor may not be reimbursed for anticipatory profits. Termination hereunder, including the determination of rights and obligations of the parties, shall be governed by the provisions of the University System of Maryland Procurement Policies and Procedures.

8 PURCHASE ORDER TERMS & CONDITIONS (CONTINUED) 18. Termination for Default. When the contractor has not performed or has unsatisfactorily performed the contract, payment shall be withheld at the discretion of the University. Failure on the part of a Contractor to fulfill contractual obligations shall be considered just cause for termination of the contract and the Contractor is not entitled to recover any costs incurred by the Contractor up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of the USM Procurement Policies and Procedures. 19. Disputes. This contract shall be subject to the USM Procurement Policies and Procedures. Pending resolution of the claim, the Contractor shall proceed diligently with the performance of the contract in accordance with the procurement officer s decision. 20. Changes. This contract may be amended only with the written consent of both parties. Amendments may not change significantly the scope of the contract (including the contract price). 21. Multi-Year Contracts Contingent Upon Appropriations. If the General Assembly or other funding source fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the University s rights or the Contractor s rights under any termination clause in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the University from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the Contract. The University shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first. 22. Intellectual Property. Contractor agrees to indemnify and save harmless the University, its officers, agents and employees with respect to any claim, action, cost or judgment for patent infringement, or trademark or copyright violation arising out of purchase or use of materials, supplies, equipment or services covered by this contract. 23. Contractor s Invoices. Contractor agrees to include on the face of all invoices billed to the University, the Purchase Order number and its Taxpayer Identification Number, which is the Social Security Number for individuals and sole proprietors and the Federal Employer Identification Number for all other types of organizations. 24. Pre-Existing Regulations. The regulations set forth in USM Procurement Policies and Procedures in effect on the date of execution of this Contract are applicable to this Contract. 25. Indemnification. The University shall not assume any obligation to indemnify, hold harmless or pay attorneys fee that may arise from or in anyway be associated with the performance or operation of this contract. 26. Conflicting Terms. Any proposal for terms in addition to or different from those set forth in this purchase order or any attempt by the Contractor to vary any of the terms of this offer by Contractor s acceptance shall not operate as a rejection of this offer, unless such variance is in the terms of the description, quantity, price or delivery schedule, but shall be deemed a material alteration thereof, and this offer shall be deemed acceptable by the Contractor without the additional or different terms. If this purchase order is an acceptance of a prior offer by the Contractor, the acceptance is expressly conditioned upon Contractor s assent to any additional or different terms contained herein. The Contractor understands and agrees that the terms and conditions of this purchase order may not be waived. 27. Drug and Alcohol Free Workplace. The contractor warrants that the contractor shall comply with COMAR Drug and Alcohol Free Workplace, and that the contractor shall remain in compliance throughout the term of this purchase order. 28. Retention of Records. The Contractor shall retain and maintain all records and documents relating to this Contract for three years after final payment by the University hereunder or any applicable statute of limitations, whichever is longer, and shall make them available for inspection and audit by authorized representatives of the University, including the procurement officer or designee, at all reasonable times. 29. Maryland Law Prevails. This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflicts of law or choice of law principles. Any legal proceeding arising out of or relating to the Agreement shall be brought in and heard by the courts of the State of Maryland, and the parties voluntarily consent to the exclusive jurisdiction of the courts of this State for any such proceeding. Rev. 04/07/06

9 MANDATORY BID TERMS AND CONDITIONS 1. Confidentiality/Proprietary. Bidders/Offerors should give specific attention to the identification of those portions of their bids/proposals that they deem to be confidential, proprietary information or trade secrets and provide justification why such materials, upon request, should not be disclosed by the University under the Access to Public Records Act, State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland. A statement in a header or footer on each page or contained in a preface or opening paragraph indicating that the entire bid or each page is deemed confidential is not adequate. Bidders/Proposers must clearly indicate each and every section that is deemed to be confidential, proprietary, or a trade secret. By submitting a response to this solicitation, the Bidder consents to release of all bid documents with the exception of those specific provisions that are noted confidential, proprietary or a trade secret as defined and set forth in the Access to Public Records Act, State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland. 2. Bid Bond Notice. A bid bond is required for all construction contracts reasonably expected to exceed $100,000. All other solicitations on all University contracts in excess of $100,000 shall require, if so noted, the submission of bid security in an amount equal to at least 5 percent of the total amount of bid, at the time bid is submitted. If a contractor fails to accompany its bid with the required bid security, the bid shall be determined nonresponsive. 3. Minority Business Enterprise Participation. Minority Business Enterprises are encouraged to respond to this solicitation. If so noted in the specifications that an MBE subcontract participation goal has been established by this procurement, by submitting a response to this solicitation, the bidder agrees that the established amount of the contract will be performed by minority business enterprises. 4. Arrearages. By submitting a response to the solicitation, a vendor shall be deemed to represent that it is not in arrears in the payment of any obligation due and owing the State of Maryland, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the contract if selected for contract award. 5. Bid/Proposal Affidavit. The attached Bid/Proposal Affidavit must be signed and returned with all bids. Bids returned without a signed affidavit shall be deemed non-responsive. 6. Acknowledgments. The Bidder must acknowledge in writing the receipt of all amendments, addenda, and changes issued concerning this solicitation. 7. Reservations of Rights. This solicitation implies no obligation on the part of the University. The University reserves the right to increase or decrease the quantities of any materials, equipment, supplies or services. The University reserves the right to award by item, groups or items, or total bid and to waive any technical or minor irregularities. 8. Bid Validation and Rejection. The unit price shall be considered as the price bid. Separate unit prices shall be submitted for each item: extensions shall be indicated where applicable and total bid price shown when requested. In the event of a discrepancy between unit price and total, unit price shall prevail. Bids may be modified or withdrawn by written notice prior to the time and date set for opening. The University reserves the right to accept or reject any and all bids in part. Unless otherwise provided in this solicitation, bid prices are irrevocable for a period of 90 days following bid opening. 9. Small Business Set-Aside. In accordance with COMAR B, the University shall give 5% bid preference or a predetermined percentage preference to reflect different industry characteristics for a small business set-aside. 10. Terms. Prompt payment discounts offered for payment within less than 30 calendar days will not be considered in evaluation offers for award. However, offered discounts of less than 30 days will be taken if payment is made within the discount period, even though not considered in the evaluation for award. 11. Discounts. Discount time will be computed from the date of your delivery to the carries when F.O.B. is shipping point or from the date of delivery at destination when F.O.B. point is destination, or from date corrected invoice is received in the Accounts Payable Office when such invoice was necessary. Payment is deemed to be made for the purposes of earning the discount, as of the date appearing on the check. 12. Sales and Use Tax License. By submitting a response to this solicitation (if it involves the sale of personal property to the University), the Bidder/Offeror certifies that it possesses a valid sale and use tax license. 13. Routing. All material must be forwarded by the route taking the lowest transportation rate or in accordance with special shipping instructions; otherwise the difference in freight rate and extra cost of cartage will be changed to your account. 14. Samples. The University reserves the right to request and be furnished samples at no expense to the University, prior to or after the award, for the purpose of quality and specification evaluation. Samples shall be returned, upon request, at the Contractor=s expense. The University does not guarantee that samples returned will be in the same condition as submitted. 15. Submittal of Terms and Conditions. The Purchase Order issued by the University shall constitute the contract between the parties. Terms and conditions submitted by a bidder after solicitation closing date shall not be accepted. Any proposed terms and conditions, including any for contracts which the bidder proposes to use, shall be submitted by the solicitation closing date as a part of the bid. Any proposal for terms in addition to or different from those set forth in this bid or any attempt by the Contractor to vary any of the items of this bid by contractor=s acceptance shall not operate as a rejection of this bid, unless such variance is in the terms of the description, quantity, price or delivery schedule but shall be deemed a material alteration thereof, and this bid shall be deemed acceptable by the Contractor without the additional or different terms. 16. Reciprocity. A preference under this section shall be identical to the preference that the other state gives to its residents. When the State of Maryland uses competitive sealed bidding to award a procurement contract, the state may give a preference to the resident bidder who submits the lowest responsive bid if: 1) the resident bidder is a responsible bidder; 2) a responsible bidder whose principle office is in another state submits the lowest responsive bid.; 3) the other state gives a preference to its residents; and 4) a preference does not conflict with a federal law or grant affecting the procurement contract. A preference includes a percentage preference, an employee residency requirement or any other provision that favors a resident over a non-resident. A resident bidder is a bidder whose principle office is located in the state. In accordance with state law, state finance & procurement article A non-resident bidder submitting a bid/proposal for a state project shall attach to the bid/proposal a copy of the current statute, resolution, policy, procedure, or executive order of the resident state of the non-resident bidder that pertains to that state s treatment of nonresident bidders. 17. Cancellation Policy. The University may cancel this solicitation, in whole or in part, for any reason.